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- This problem is based on the tort of defamation with specific reference to libel.?
- In this case, it is apparent that Hamisi Nduati has not been defamed by the article and caption in “The Harbinger.”
- This is because the article in question was educational in character and only uses Hamisi
Nduati's photograph to illustrate a scientific point. In any event an ordinary person reading the article and the caption would not discern a defamatory intention.
- At the very most Hamisi Nduati can only argue that he has been abused by “The Harbinger” for which he has no actionable claim.
- My advise to Hamisi Nduati is that he has no action for defamation.
- My advise is based on interalia the absence of the perquisites for defamation
raphael answered the question on April 16, 2018 at 18:06
- In relation to the law of property, explain the difference between each of the following; (i) Ownership and possession. (ii) Fee simple and leasehold.(Solved)
In relation to the law of property, explain the difference between each of the following; (i) Ownership and possession. (ii) Fee simple and leasehold.
Date posted: April 16, 2018. Answers (1)
- Akili Mingi owns a house at Muthaiga in Nairobi valued at Sh. 20 million. He insured it
against fire with Linda Mali Insurance Co. Ltd and...(Solved)
Akili Mingi owns a house at Muthaiga in Nairobi valued at Sh. 20 million. He insured it against fire with Linda Mali Insurance Co. Ltd and Pokea Insurance Co. Ltd for Sh. 15 million and Sh. 10 million respectively. He also insured his household goods against burglary with Lipa Insurance Co. Ltd. for Sh. 5 million. One night while he was away, burglas broke into the house, stole all household goods and set the house on fire completely destroying it.
Akili Mingi claims the sum assured from the three insurance companies. Advise them.
Date posted: April 16, 2018. Answers (1)
- In relation to the law governing Negotiable Instruments, explain four types of
endorsements that may be made on a Bill of Exchange.(Solved)
In relation to the law governing Negotiable Instruments, explain four types of
endorsements that may be made on a Bill of Exchange.
Date posted: April 16, 2018. Answers (1)
- Discuss the main exceptions to the rule “Nemo dat quod non habet”.(Solved)
Discuss the main exceptions to the rule “Nemo dat quod non habet”.
Date posted: April 16, 2018. Answers (1)
- Explain the meaning of the rule “Nemo dat quod non habet” as stipulated in the Sale of
Goods Act.(Solved)
Explain the meaning of the rule “Nemo dat quod non habet” as stipulated in the Sale of
Goods Act.
Date posted: April 16, 2018. Answers (1)
- Discuss the various equitable remedies which may be available to an injured party who
is suing for breach of contract.(Solved)
Discuss the various equitable remedies which may be available to an injured party who
is suing for breach of contract.
Date posted: April 16, 2018. Answers (1)
- Kamau advertised the sale of his farm. He was approached by Keter who wanted to buy the farm. In the course of negotiating the price....(Solved)
Kamau advertised the sale of his farm. He was approached by Keter who wanted to buy the farm. In the course of negotiating the price. Keter asked Kamau how many sheep could be reared on the farm and Kamau replied, “I have not used the farm for sheep rearing but I think it could support 2000 sheep.”
Keter bought the farm and immediately purchased 2000 sheep to rear on it. However, the firm is unable to accommodate the 2000 sheep and Keter is aggrieved and intends to sue Kamau for misrepresentation.
Advise Kamau.
Date posted: April 16, 2018. Answers (1)
- When parties enter into a contract it is virtually impossible for them to include express
terms to cover every eventuality. Explain the circumstances under which:
(i) The...(Solved)
When parties enter into a contract it is virtually impossible for them to include express
terms to cover every eventuality. Explain the circumstances under which:
(i) The courts
(ii) The statutes
Will imply terms into the contract.
Date posted: April 16, 2018. Answers (1)
- You have been asked to draft a partnership deed for a small retail firm of five partners. State the matters, if any, that you will...(Solved)
You have been asked to draft a partnership deed for a small retail firm of five partners. State the matters, if any, that you will omit from the partnership deed on the basis that they are implied by the Partnership Act (Cap 29) Laws of Kenya.
Date posted: April 15, 2018. Answers (1)
- Describe the advantages of carrying on business as a partnership as opposed to a limited
liability company.(Solved)
Describe the advantages of carrying on business as a partnership as opposed to a limited
liability company.
Date posted: April 15, 2018. Answers (1)
- State four acts of commission that may constitute professional misconduct under the
Accountants Act (Cap 531) Laws of Kenya.(Solved)
State four acts of commission that may constitute professional misconduct under the
Accountants Act (Cap 531) Laws of Kenya.
Date posted: April 15, 2018. Answers (1)
- Explain the nature and advantages of commercial arbitration as a means of settling disputes.(Solved)
Explain the nature and advantages of commercial arbitration as a means of settling disputes.
Date posted: April 15, 2018. Answers (1)
- Explain each of the following rules of Statutory Interpretation;
(i) Noscitur a sociis;
(ii) Ejusdem generic;
(iii) Mischief rule.(Solved)
Explain each of the following rules of Statutory Interpretation;
(i) Noscitur a sociis;
(ii) Ejusdem generic;
(iii) Mischief rule.
Date posted: April 15, 2018. Answers (1)
- Define Statute law and discuss its advantages(Solved)
Define Statute law and discuss its advantages.
Date posted: April 15, 2018. Answers (1)
- Explain the rules that govern the measure of damages in the law of contract.(Solved)
Explain the rules that govern the measure of damages in the law of contract.
Date posted: December 30, 2016. Answers (1)